Muslim Law MCQ Quiz - Objective Question with Answer for Muslim Law - Download Free PDF

The correct answer is Shamima Farooqui v. Shahid Khan.

Key Points

• The Supreme Court of India upheld that a Muslim wife can claim maintenance under Section 125 of the Code of Criminal Procedure (Cr.P.C.) even after divorce in the case of Shamima Farooqui v. Shahid Khan.
• Section 125 Cr.P.C. provides a legal remedy for neglected wives, children, and parents to claim maintenance irrespective of their religion.
• The judgment reaffirmed that the statutory obligation to provide maintenance under Section 125 Cr.P.C. is distinct from personal laws.
• In this case, the court emphasized that the right to maintenance is a measure of social justice and cannot be denied based on religion or gender.
• The decision aligns with the constitutional mandate to ensure protection and dignity for women in a pluralistic society like India.

Additional Information

• Section 125 Cr.P.C.
  • It is a provision under the Indian Code of Criminal Procedure that mandates maintenance for neglected wives, children, and parents.
  • The objective is to prevent vagrancy and destitution by providing financial support to dependents.
  • It applies universally, irrespective of personal laws or religion.
• Maintenance under Muslim Law
  • Under Muslim personal laws, a wife is entitled to maintenance during marriage and for the iddat period (waiting period) after divorce.
  • However, Section 125 Cr.P.C. allows a divorced Muslim woman to claim maintenance beyond the iddat period.
• Landmark Case: Shah Bano Case (1985)
  • This case dealt with maintenance rights of a divorced Muslim woman under Section 125 Cr.P.C.
  • The Supreme Court ruled in favor of Shah Bano, stating that maintenance under Section 125 overrides personal law limitations.
  • The judgment led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
• Muslim Women (Protection of Rights on Divorce) Act, 1986
  • This law was introduced to address concerns raised by the Shah Bano case judgment.
  • It limits a Muslim woman's right to maintenance to the iddat period, but subsequent judgments have clarified that Section 125 Cr.P.C. remains applicable.

The correct answer is 'Shayara Bano vs Union of India'

Key Points

• Shayara Bano vs Union of India:
  • In the landmark case of Shayara Bano vs Union of India, the Supreme Court of India declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional.
  • Triple talaq allowed Muslim men to divorce their wives instantly by uttering the word "talaq" three times in one sitting.
  • The judgment was significant as it aimed to protect the rights of Muslim women and ensure gender justice within the community.
  • The Supreme Court ruled that this practice violated the fundamental rights of women under Article 14 (equality before the law) and Article 21 (right to life and personal liberty) of the Indian Constitution.

Additional Information

• Mohammed Ahmad Khan vs Shah Bano Begam:
  • This case, also known as the Shah Bano case, was a landmark judgment in 1985 where the Supreme Court granted maintenance to Shah Bano under Section 125 of the Criminal Procedure Code, even after divorce.
  • The judgment led to significant debates about the applicability of secular laws to Muslims and subsequently resulted in the enactment of the Muslim Women (Protection of Rights on Divorce) Act in 1986.
• Indra Sawhney and Union of India:
  • This case, commonly known as the Mandal Commission case, dealt with the issue of reservations for backward classes in government jobs and educational institutions.
  • The Supreme Court upheld the implementation of the Mandal Commission recommendations but also introduced the concept of the "creamy layer" to exclude the more affluent members of the backward classes from reservation benefits.
• I.R. Coelho vs State of Tamil Nadu:
  • This case addressed the issue of whether laws placed in the Ninth Schedule of the Constitution (which are immune from judicial review) could still be reviewed by the judiciary if they violated fundamental rights.
  • The Supreme Court ruled that laws violating fundamental rights could be scrutinized by the judiciary, even if they were placed in the Ninth Schedule.

 The correct answer is option 1.

Key Points

• The landmark judgment in the case of Mohammad Ahmed Khan v. Shah Bano Begum & Others (1985 AIR 945) was pronounced by the Supreme Court of India.
• The bench, in this case, was headed by Chief Justice Y.V. Chandrachud, and included Justices Ranganath Misra, D.A. Desai, E.S. Venkataramiah, and N.L. Untwalia.
  • This case is significant because it dealt with the rights of Muslim women to claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) after divorce, and it brought attention to the conflict between personal laws and the rights granted by secular laws. The Court ruled that a Muslim woman is entitled to maintenance under Section 125 CrPC, irrespective of her religion or personal law.

The Correct answer is The amount fixed at marriage to be paid to the bride in case of divorce

Key PointsIn the literal sense, the Arabic term ‘mehar’ means dower. It is a sum of money that becomes payable by the husband to the wife on marriage. The mahr is executed either by agreement between the parties or by operation of law. 

The correct answer is option 3.

Key Points

•  When the 'Mahr' (also known as Mehr) is left unspecified in a Muslim marriage, the wife is entitled to receive 'Mahr al-Mithl' or 'Mahr-i-Misl'.
• This concept translates to a dowry amount similar to what women of her social status, family background, and other relevant characteristics customarily receive at the time of marriage.
• It ensures that the wife is not disadvantaged if the Mahr was not determined or agreed upon at the time of the marriage contract.
• Determining the Mahr-i-Misl involves looking at various factors, including the customary Mahr amounts given to women in the bride's family or her socio-economic group, her education, her beauty, and other relevant attributes.
• The purpose is to ensure fairness by providing a Mahr comparable to what would have been expected based on her status and the prevailing norms within her community or similar communities.

The correct answer is option 4Key Points

•  Chapter 7 of Transfer of Property Act 1882 does not cover the gift under Muslim law. So, the Muslim Personal law governs the Muslim gift or “Hiba”.
• A written deed of gift is not an essential ingredient of gift under the Mohammedan law.
• There are mainly three essential conditions which need to be fulfilled for the successful transfer of property or making of a gift by a Muslim person. These conditions are as follow:
  • Declaration of gift by the donor.
  • Acceptance of gift by the donee.
  • Transfer of possession by the donor and it’s acceptance by the donee.

The correct answer is Option 1.

Key Points

• The Supreme Court of India ruled on the matter of registration of gifts under Muslim Law in the case of Hafeeza Bibi and others v. Shaikh Farid & others (2011) 5 SCC 654. In this landmark judgment, the Court held that under Muslim Law, the gift of immovable property which fulfills the essential requirements of a valid gift—namely declaration of the gift by the donor, acceptance of the gift by the donee, and delivery of possession—does not require compulsory registration, even if the gift is reduced into writing.
• This ruling clarified that as long as the three essentials of a valid gift under Muslim law are satisfied, the lack of registration does not invalidate the gift. This decision emphasizes the importance of adherence to Muslim personal law, under which the oral nature of transactions can still fulfill legal requirements if all essential conditions are met.

Therefore, the correct answer is: Hafeeza Bibi and others v. Shaikh Farid & others (2011) 5 SCC 654.

The correct answer is Ila.

Key Points

• Ila in its primitive sense signifies a 'vow'. It is when a person swears that he will not have sexual intercourse with his wife and abstains from it for four months; an irreversible divorce is effected on its termination.

• If intercourse is had within a period of four months, the Ila shall lapse but he has to atone for breaking his oath. Where the husband having made Ila abstains from having intercourse with his wife for four months, the marriage is dissolved with the same legal results, as if there had been an irrevocable divorce pronounced by the husband.

The correct answer is not compulsorily registrable.

Key Points

• Delivery of possession being essential to the validity of a gift, it follows that if there is no delivery of possession, there is no valid gift.
• Under the Mohammedan law, a valid gift can be affected by delivery of possession, and if there is delivery of possession, the mere fact that there is also an unregistered deed of gift does not make the gift invalid.

The correct answer is option 3.Key Points

• Section 2 of Dissolution of Muslim Marriage Act, 1939 deals with grounds for decree for dissolution of marriage.
• A woman married under Muslim law shall be entitle to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: –
  • That the whereabouts of the husband have not been known for a period of four years;
  • That the husband has neglected or has failed to provide for her maintenance for a period of two years;
  • That the husband has been sentenced to imprisonment for a period of seven years or upwards;
  • That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
  • That the husband was impotent at the time of the marriage and continues to be so;
  • That the husband has been insane for a period of two years or is suffering from a virulent venereal disease;
  • That she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years :
    •  Provided that the marriage has not been consummated.
  • That the husband treats her with cruelty, that is to say, —
    • Habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
    • Associates with women of evil repute or leads an infamous life, or
    • Attempts to force her to lead an immoral life, or
    • Disposes of her property of prevents her exercising her legal rights over it, or
    • Obstructs her in the observance of her religious profession or practice, or
    • If he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran;
  • On any other ground which is recognised as valid for the dissolution of marriages under muslim law :

The correct answer is Dissolution of marriage with mutual consent.

Key Points Under Mubarat, both husband and wife are against the continuation of marriage and want to separate.

• Either the husband or the wife can make the offer.
• The other must accept it.
• When accepted, it becomes irrevocable
• Iddat period necessary

The correct answer is Custom 

Key Points The secondary sources of Islamic law are following;-

The correct option is Valid.

Key Points

• Marriage under Islamic Law:-
  • Marriage is a contract under Muslim Law.
  • It is said to take place after there has been a valid offer and acceptance.
  • The word 'marriage' translates into Arabic as 'nikah' which means 'union of the sexes'.
  • The words of the proposal (ijab) and acceptance (qubul) must be uttered by the contracting parties and in the presence and hearing of two males, or one male and two females, witnesses who must be sane and adult Muslims.
  • The absence of a Qazi does not necessarily invalidate the Nikah.
  • If the essential elements of a valid Nikah are fulfilled (offer and acceptance, the presence of witnesses, the consent of both parties, etc.), the marriage is generally considered valid.

The sants had much in common with the Sufis, so much so that it is believed that they adopted many ideas of each other. Sufis were Muslim mystics.

• They rejected outward religiosity and emphasized love and devotion to God and compassion towards all fellow human beings.
• Islam propagated strict monotheism or submission to one God.
  • It also rejected idol worship and considerably simplified rituals of worship into collective prayers.
  • At the same time, Muslim scholars developed a holy law called Shariat.
• The Sufis often rejected the elaborate rituals and codes of behavior demanded by Muslim religious scholars.
• They sought union with God much as a lover seeks his beloved with a disregard for the world.
• Like the saint-poets, the Sufis too composed poems expressing their feelings, and a rich literature in prose, including anecdotes and fables, developed around them.
• Among the great Sufis of Central Asia were Ghazzali, Rumi, and Sadi.
• Like the Nathpanthis, Siddhas, and Yogis, the Sufis too believed that the heart can be trained to look at the world in a different way.
• They developed elaborate methods of training using zikr (chanting of a name or sacred formula), contemplation, sama (singing), raqs (dancing), discussion of parables, breath control, etc. under the guidance of a master or pir.
• Thus emerged the silsilas, a genealogy of Sufi teachers, each following a slightly different method (tariqa) of instruction and ritual practice.

Thus, we can say that statements A, B, and C are correct regarding Islam and Sufism.